[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 839 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 839

  To allow for judicial review of any final rule addressing national 
     emission standards for hazardous air pollutants for brick and 
  structural clay products or for clay ceramics manufacturing before 
                  requiring compliance with such rule.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 5 (legislative day, April 4), 2017

 Mr. Wicker (for himself, Mrs. Capito, and Mr. Inhofe) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To allow for judicial review of any final rule addressing national 
     emission standards for hazardous air pollutants for brick and 
  structural clay products or for clay ceramics manufacturing before 
                  requiring compliance with such rule.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Blocking Regulatory Interference 
from Closing Kilns Act of 2017''.

SEC. 2. EXTENDING COMPLIANCE DATES (PENDING JUDICIAL REVIEW) OF RULES 
              ADDRESSING NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR 
              POLLUTANTS FOR BRICK AND STRUCTURAL CLAY PRODUCTS 
              MANUFACTURING OR CLAY CERAMICS MANUFACTURING.

    (a) Extension of Compliance Dates.--
            (1) Extension.--Each compliance date of any final rule 
        described in subsection (b) is deemed to be extended by the 
        time period equal to the time period described in subsection 
        (c).
            (2) Definition.--In this subsection, the term ``compliance 
        date'' means, with respect to any requirement of a final rule 
        described in subsection (b), the date by which any State, 
        local, or tribal government or other person is first required 
        to comply.
    (b) Final Rules Described.--A final rule described in this 
subsection is any final rule to address national emission standards for 
hazardous air pollutants (NESHAP) for brick and structural clay 
products manufacturing or clay ceramics manufacturing under section 112 
of the Clean Air Act (42 U.S.C. 7412), including--
            (1) the final rule entitled ``NESHAP for Brick and 
        Structural Clay Products Manufacturing; and NESHAP for Clay 
        Ceramics Manufacturing'' published at 80 Fed. Reg. 65469 
        (October 26, 2015);
            (2) the final rule entitled ``NESHAP for Brick and 
        Structural Clay Products Manufacturing; and NESHAP for Clay 
        Ceramics Manufacturing: Correction'' published at 80 Fed. Reg. 
        75817 (December 4, 2015); and
            (3) any final rule that succeeds or amends the rule 
        described in paragraph (1) or (2).
    (c) Period Described.--The time period described in this subsection 
is the period of days that--
            (1) begins on the date that is 60 days after the day on 
        which notice of promulgation of a final rule described in 
        subsection (b) appears in the Federal Register; and
            (2) ends on the date on which judgment becomes final, and 
        no longer subject to further appeal or review, in all actions 
        (including actions that are filed pursuant to section 307 of 
        the Clean Air Act (42 U.S.C. 7607))--
                    (A) that are filed during the 60 days described in 
                paragraph (1); and
                    (B) that seek review of any aspect of such rule.
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